---
kind: "section"
citation: "42 U.S.C. § 6992d"
title: "42"
title_heading: "The Public Health and Welfare"
number: "6992d"
heading: "Enforcement"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/42/6992d"
units:
  - "Chapter 82 — Solid Waste Disposal"
  - "Subchapter X — Demonstration Medical Waste Tracking Program"
---

# §6992d. Enforcement

- (a) **Compliance orders—**
  - (1) **Violations—** Whenever on the basis of any information the [Administrator](/usc/42/6903.md?p=1) determines that any [person](/usc/42/6903.md?p=15) has violated, or is in [violation](/usc/42/2000e–16a.md?p=c) of, any requirement or prohibition in effect under this subchapter (including any requirement or prohibition in effect under regulations under this subchapter) (A) the [Administrator](/usc/42/6903.md?p=1) may issue an order (i) assessing a civil penalty for any past or current [violation](/usc/42/2000e–16a.md?p=c), (ii) requiring compliance immediately or within a specified time period, or (iii) both, or (B) the [Administrator](/usc/42/6903.md?p=1) may commence a civil action in the United States district court in the district in which the [violation](/usc/42/2000e–16a.md?p=c) occurred for appropriate relief, including a temporary or permanent injunction. Any order issued pursuant to this subsection shall [state](/usc/42/6903.md?p=31) with reasonable specificity the nature of the [violation](/usc/42/2000e–16a.md?p=c).
  - (2) **Orders assessing penalties—** Any penalty assessed in an order under this subsection shall not exceed $25,000 per day of noncompliance for each [violation](/usc/42/2000e–16a.md?p=c) of a requirement or prohibition in effect under this subchapter. In assessing such a penalty, the [Administrator](/usc/42/6903.md?p=1) shall take into account the seriousness of the [violation](/usc/42/2000e–16a.md?p=c) and any good faith efforts to comply with applicable requirements.
  - (3) **Public hearing—** Any order issued under this subsection shall become final unless, not later than 30 days after issuance of the order, the [persons](/usc/42/6903.md?p=15) named therein request a public hearing. Upon such request, the [Administrator](/usc/42/6903.md?p=1) shall promptly conduct a public hearing. In connection with any proceeding under this section, the [Administrator](/usc/42/6903.md?p=1) may issue subpoenas for the production of relevant papers, books, and documents, and may promulgate rules for discovery procedures.
  - (4) **Violation of compliance orders—** In the case of an order under this subsection requiring compliance with any requirement of or regulation under this subchapter, if a violator fails to take corrective action within the time specified in an order, the [Administrator](/usc/42/6903.md?p=1) may assess a civil penalty of not more than $25,000 for each day of continued noncompliance with the order.
- (b) **Criminal penalties—** Any [person](/usc/42/6903.md?p=15) who—
  - (1) knowingly violates the requirements of or regulations under this subchapter;
  - (2) knowingly omits material information or makes any false material statement or representation in any label, record, report, or other document filed, maintained, or used for purposes of compliance with this subchapter or regulations thereunder; or
  - (3) knowingly [generates](/usc/42/2021b.md?p=8), stores, treats, transports, disposes of, or otherwise handles any [medical waste](/usc/42/6903.md?p=40) (whether such activity took place before or takes place after November 1, 1988) and who knowingly destroys, alters, conceals, or fails to file any record, report, or other document required to be maintained or filed for purposes of compliance with this subchapter or regulations thereunder

  shall, upon conviction, be subject to a fine of not more than $50,000 for each day of [violation](/usc/42/2000e–16a.md?p=c), or imprisonment not to exceed 2 years (5 years in the case of a [violation](/usc/42/2000e–16a.md?p=c) of [paragraph (1)](#b-1)). If the conviction is for a [violation](/usc/42/2000e–16a.md?p=c) committed after a first conviction of such [person](/usc/42/6903.md?p=15) under this paragraph, the maximum punishment under the respective paragraph shall be doubled with respect to both fine and imprisonment.

- (c) **Knowing endangerment—** Any [person](/usc/42/6903.md?p=15) who knowingly violates any provision of [subsection (b)](#b) who knows at that time that he thereby places another [person](/usc/42/6903.md?p=15) in imminent danger of death or serious bodily injury, shall upon conviction be subject to a fine of not more than $250,000 or imprisonment for not more than 15 years, or both. A defendant that is an organization shall, upon conviction under this subsection, be subject to a fine of not more than $1,000,000. The terms of this paragraph shall be interpreted in accordance with the rules provided under [section 6928(f) of this title](/usc/42/6928.md?p=f).
- (d) **Civil penalties—** Any [person](/usc/42/6903.md?p=15) who violates any requirement of or regulation under this subchapter shall be liable to the United States for a civil penalty in an amount not to exceed $25,000 for each such [violation](/usc/42/2000e–16a.md?p=c). Each day of such [violation](/usc/42/2000e–16a.md?p=c) shall, for purposes of this section, constitute a separate [violation](/usc/42/2000e–16a.md?p=c).
- (e) **Civil penalty policy—** Civil penalties assessed by the United States or by the [States](/usc/42/6903.md?p=31) under this subchapter shall be assessed in accordance with the [Administrator](/usc/42/6903.md?p=1)’s “RCRA Civil Penalty Policy”, as such policy may be amended from time to time.

## Source credit

(Pub. L. 89–272, title II, § 11005, as added Pub. L. 100–582, § 2(a), Nov. 1, 1988, 102 Stat. 2953.)